Hindustan Times (Amritsar)

SC to hear pleas challengin­g Aadhaar verdict on June 9

- Murali Krishnan murali.krishnan@hindustant­imes.com

NEW DELHI: A five-judge constituti­on bench of the Supreme Court will hear on June 9 a batch of review petitions challengin­g the top court’s September 2018 verdict upholding the validity of Aadhaar, the unique identity number assigned to people resident in the country .

The bench headed by Chief Justice of India SA Bobde will decide the review petitions in chambers.

In its judgment on September 26, 2018, the top court had by a 4-1 majority affirmed the constituti­onality of the 12-digit unique identity scheme and the Aadhaar Targeted Delivery of Financial and other Subsidies, Benefits and Services Act, 2016 (Aadhaar Act).

The court held that Aadhaar would be mandatory for accessing social welfare schemes, but it cannot be forced on people for opening bank accounts or for mobile and internet connection.

The Aadhaar scheme was first challenged in the Supreme Court in 2012 on the grounds that it lacked statutory backing and invaded the right to privacy.

Parliament later introduced the Aadhaar Act in 2016 to give it legal backing. The Aadhaar Act itself was then challenged before the apex court on the grounds that it was passed as a money bill, thereby circumvent­ing the upper house of Parliament, the Rajya Sabha.

A money bill, according to Article 110 of the Constituti­on, is a bill that contains only provisions relating to taxation, borrowing of money by the government, appropriat­ion of money out of the Consolidat­ed Fund of India and expenditur­e from or to the Consolidat­ed Fund of India. A money bill originates in the Lok Sabha and once passed by the lower house by a simple majority, is sent to the Rajya Sabha for its recommenda­tions. The recommenda­tions made by the Rajya Sabha on money bills are not binding on the Lok Sabha.

When the challenge to the Aadhaar Act was being heard, a constituti­onal question came up – whether or not right to privacy is a fundamenta­l right under the Constituti­on?

A 9-judge bench of Supreme Court heard this issue and gave a unanimous verdict in August 2017 declaring privacy a fundamenta­l right, being a facet of the right to life under Article 21 of the Constituti­on.

More than a year later, a fivejudge bench headed by then CJI Dipak Misra delivered its judgment, upholding the validity of Aadhaar saying it saying it involved “parting with minimal informatio­n” to fulfil the “larger public interest” of the marginaliz­ed and the poor, who can use it to obtain government benefits and subsidies, an argument which was strongly put forward by the central government in defence of the unique identity number.

The sole dissenting judge, justice DY Chandrachu­d, said the Aadhaar Act could not have been passed as a money bill, calling it a “fraud on the Constituti­on”.

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A bench headed by CJI SA Bobde will decide the petitions.
HT FILE ■ A bench headed by CJI SA Bobde will decide the petitions.

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